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PS: To all the soldiers, marines, sailors and whatnot out there: You have sworn an oath to protect the constitution of the US, NOT the PEOPLE of the US. If they pass a law tomorrow that forbids guns and some rabid pro gun folks start marching (armed) towards Washington then that is simply: "bunch of freaks VS government. The constitution is not violated in any way. Not engaging the aggressive mob will not only get your court marshalled but also make you oath breaker. Simple as that
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Not so simple:
First, the Army, Navy and Air Force are specifically Constitutionally forbidden to engage in police actions within the borders of the United States. This includes the Reserves at all times and the National Guard when operating at a federal level. The National Guard may act as a police force within its state borders under orders of that state's Governer only. When the National Guard is called up for Federal operation, whether Army, Navy or Air Force, it falls under the same Constitutional restrictions as the active duty Army, Navy and Air Force and their respective Reserves.
You will note that I did not mention the Marines as yet. The reason is that the Marines have a slightly different charter which includes a statement that they must also perform whatever duties the President of the US tasks them with.
However
To the statement that the military is tasked with protection of the Constitution and not the people, you are correct but proceed to use it in a false manner.
The military is sworn to protect the Constitution, yes, it is not sworn to protect the people, true, but neither is it sworn to protect the government.
If the government violates the Constitution in any laws it passes or action it takes, then the oath would lead to the concept that the military must protect the integrity of Constitutional law. NOT the government, which is what you seek to protect.
The Army, Navy and Air Force, their respective Reserves and the National Guard would not be allowed, by Constitutional law to engage in the action that you describe. Thus, disobeying an order to defend the government under these circumstances could not, legally, result in Court Martial.
The Marines, and their respective Reserves (I don't believe that a Marine National Guard exists, correct me if I'm wrong), likewise, could not be Court Martialed legally since their primary oath is to defend the Constitution, i.e., the integrity of Constitutional Law IF the Second Amendment is a protection against a government ban on guns, which is a different argument.
Thus your argument doesn't fly.
PS: To all the soldiers, marines, sailors and whatnot out there: You have sworn an oath to protect the constitution of the US, NOT the PEOPLE of the US. If they pass a law tomorrow that forbids guns and some rabid pro gun folks start marching (armed) towards Washington then that is simply: "bunch of freaks VS government. The constitution is not violated in any way. Not engaging the aggressive mob will not only get your court marshalled but also make you oath breaker. Simple as that
_____________________________________________
Not so simple:
First, the Army, Navy and Air Force are specifically Constitutionally forbidden to engage in police actions within the borders of the United States. This includes the Reserves at all times and the National Guard when operating at a federal level. The National Guard may act as a police force within its state borders under orders of that state's Governer only. When the National Guard is called up for Federal operation, whether Army, Navy or Air Force, it falls under the same Constitutional restrictions as the active duty Army, Navy and Air Force and their respective Reserves.
You will note that I did not mention the Marines as yet. The reason is that the Marines have a slightly different charter which includes a statement that they must also perform whatever duties the President of the US tasks them with.
However
To the statement that the military is tasked with protection of the Constitution and not the people, you are correct but proceed to use it in a false manner.
The military is sworn to protect the Constitution, yes, it is not sworn to protect the people, true, but neither is it sworn to protect the government.
If the government violates the Constitution in any laws it passes or action it takes, then the oath would lead to the concept that the military must protect the integrity of Constitutional law. NOT the government, which is what you seek to protect.
The Army, Navy and Air Force, their respective Reserves and the National Guard would not be allowed, by Constitutional law to engage in the action that you describe. Thus, disobeying an order to defend the government under these circumstances could not, legally, result in Court Martial.
The Marines, and their respective Reserves (I don't believe that a Marine National Guard exists, correct me if I'm wrong), likewise, could not be Court Martialed legally since their primary oath is to defend the Constitution, i.e., the integrity of Constitutional Law IF the Second Amendment is a protection against a government ban on guns, which is a different argument.
Thus your argument doesn't fly.